Eyermann v. Piron
Supreme Court of Missouri
Appeal from St Louis City Circuit Court. — Hon. John M. Wood, Judge. (1) Tbe court erred in .admitting tbe evidence of plaintiff. “In actions where one of tbe original parties to tbe contract or cause of action in issue* and on trial is dead, or is shown to tbe court to be insane, tbe other party to such contract or cause of action shall not be admitted to testify in bis own favor or in favor of any party to tbe action claiming under him.”
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Appeal from St Louis City Circuit Court. — Hon. John M. Wood, Judge. (1) Tbe court erred in .admitting tbe evidence of plaintiff. “In actions where one of tbe original parties to tbe contract or cause of action in issue* and on trial is dead, or is shown to tbe court to be insane, tbe other party to such contract or cause of action shall not be admitted to testify in bis own favor or in favor of any party to tbe action claiming under him.” Sec. 8918, E. S. 1889; O’Bryan v. Allen, 108 Mo. 227. (2) Tbe court erred in refusing to allow tbe defendant to testify who was no party to tbe contract on…
1Opinion of the CourtGantt, P. J.
This is a suit to foreclose the defendant’s equity of redemption in certain St. Louis real estate, and was commenced February 18th, 1893.
Mrs. Magaretha Schaefer, the mother of the defendant, Mrs. Pirón, acquired the property by deed in 1878.
On August 4-th, 1879, Mrs. Schaefer executed her negotiable promissory note of that date for $800, payable to August Eyermann three years after date, with interest from *111maturity, and at the same time executed her deed of trust of that date, conveying said property to said Eyermann’s trustee, to secure the payment of said note. Said deed of trust also…
2Cases cited14 opinions
- Banking House of Wilcoxson & Co. v. RoodSupreme Court of Missouri · 1896
- Stanton v. RyanSupreme Court of Missouri · 1867
- Wade v. HardySupreme Court of Missouri · 1882
- County of Montgomery v. AuchleySupreme Court of Missouri · 1887
- Booker v. ArmstrongSupreme Court of Missouri · 1887
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3Cited by9 opinions
- Fellows v. FarmerMissouri Court of Appeals · 1964
- Weiermueller v. ScullinSupreme Court of Missouri · 1907
- Kirton v. BullSupreme Court of Missouri · 1902
- E. U. Hugumin & Co. v. HindsMissouri Court of Appeals · 1902
- Cowan v. MuellerSupreme Court of Missouri · 1903
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